His Excellency Kofi Annan
Secretary-General
The United Nations
1 United Nations Plaza
New York, New York 10017-3515
July 12, 2005
We write to encourage you to support the recommendations made by the
Commission of Experts on East Timor that you established in February of this year
and whose work concluded on May 26. We also urge you to publish the report of this
Commission as soon as possible and to encourage the Security Council to meet
soon to discuss its findings and recommendations.
The work of the experts has been faithful to the objectives you set for them, and will
allow you to report back to the Security Council about the results of the accountability
mechanisms established in Jakarta and Dili. At the same time, they have provided
you with reliable analysis about the terms of reference of the Commission of Truth and
Friendship proposed by the governments of Indonesia and East Timor.
Based on the experts’ report and on our own experience, it is impossible not to
conclude that the main factor behind the limited progress in bringing to justice those
most responsible for the atrocities committed in East Timor in 1999 is the
intransigence of the Indonesian authorities in the face of their international legal
obligations.
The United Nations decided in 2000 not to establish an international tribunal to try the
crimes committed because it hoped that Indonesia would comply with its obligation to
punish those responsible. That hope was betrayed and in fact Indonesia’s lack of
cooperation undermined the ability of the Serious Crimes Unit to secure the custody
of more than 75% of the persons it indicted, including those most responsible for
orchestrating the international crimes that took place in 1999. The sham trials
conducted in Jakarta before the ad hoc Court of Human Rights have not resulted in a
single perpetrator serving a sentence.
The solution to this pattern of impunity will not come from a non-judicial investigation,
such as the proposed Commission of Truth and Friendship, a body whose explicit
rationale—as noted by the UN-appointed experts—is to bring “definitive closure”
while apparently excluding criminal justice processes, and whose process of
establishment has been deeply politicized.
In fact, the proposed Commission of Truth and Friendship runs against every lesson
identified by your Report on the Rule of Law and Transitional Justice in Conflict and
Post-Conflict Societies, issued in August 2004: it has been rushed through without
appropriate consultation; it lacks public support in both countries; it does not have a
transparent nominating process; and it lacks guarantees of independence. The
proposed Commission’s mandate to recommend amnesties for those who have
committed crimes against humanity is offensive to the victims and to every principle of
international human rights law.
We have witnessed over the years how the victims of the atrocities committed in East
Timor have looked to the United Nations to establish an international tribunal. We
have seen their right to justice mocked by the Jakarta trials, and their hopes
diminished by the premature closing of the Serious Crimes Unit in Dili. We have seen
their dismay when political deals weakened their chances of achieving justice. Their
legitimate expectations have been frustrated for long enough. Only decisive action
from the international community can vindicate their rights.
We respectfully call on you to endorse the findings of the Commission of Experts
before the Security Council and to actively support their recommendations. The
experts recommend that Indonesia be given a final opportunity to comply with its
obligations: to strengthen its judicial system; reopen the trials before the ad hoc
court; and consider the evidence compiled by the Serious Crimes Unit against
General Wiranto and other high-level officials.
Although we have serious reservations about Indonesia’s willingness to ensure that
justice is done, we think that the experts’ proposals could be feasible if your office
and the Security Council are prepared to establish a credible system to monitor
compliance within the time frame proposed. Given the weaknesses identified by the
Commission of Experts, such monitoring should include, inter alia, clear standards for
the drafting of indictments, the conduct of the prosecution and witness protection
processes, and judicial training and independence. Further, in the absence of
substantive progress, such a system should include steps towards the establishment
of an international tribunal.
We believe that only signals of strong resolve will persuade Indonesia to punish the
perpetrators, and that bringing justice will in turn strengthen Indonesian democracy,
cement genuine reconciliation with East Timor, and build lasting security in the
region.
Sincerely,
Nina Bang-Jensen
Executive Director
Coalition for International Justice
John M. Miller
Coordinator
East Timor and Indonesia Action Network
Amado Hei
Head of Policy Advocacy
The Hak Association-
East Timor Association for Law, Human Right and Justice
Michael Posner
Executive Director
Human Rights First
Brad Adams
Asia Division Director
Human Rights Watch
Choirul Anam
Coordinator
Human Rights Working Group (Indonesia)
Juan E. Méndez
President
International Center for Transitional Justice
Charles A. Scheiner
Secretariat
International Federation for East Timor (IFET)
Tiago Amaral Sarmento
Director
Judicial System Monitoring Programme
Jim Goldston
Executive Director
Open Society Justice Initiative
Paul Barber
TAPOL, the Indonesia Human Rights Campaign
Alex Flor
Executive Director
Watch Indonesia!
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http://etan.org/etan/donate.htm
John M. Miller Internet: fbp@igc.org
Media & Outreach Coordinator
East Timor & Indonesia Action Network:
48 Duffield St., Brooklyn, NY 11201 USA
Phone: (718)596-7668 Fax: (718)222-4097
Mobile phone: (917)690-4391
Web site: http://www.etan.org
Send a blank e-mail message to info@etan.org to find out how to learn more about
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